The Big Book of Restorative Justice: Four Classic Justice & Peacebuilding Books in One Volume

By Howard Zehr, Allan MacRae, Kay Pranis and Lorraine Stutzman Amstutz

The four most popular restorative justice books in the Justice & Peacebuilding series—The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes—in one affordable volume. And now with a new foreword from Howard Zehr, one of the founders of restorative justice!

Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime.

Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community.

Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates.

Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.

• Language: English
• Publisher: Good Books
• Release date: Feb 15, 2022
• ISBN: 9781680997989

Howard Zehr

Howard Zehr is a distinguished professor of Restorative Justice at Eastern Mennonite University’s Center for Justice and Peacebuilding. He is the author of the bestselling The Little Book of Restorative Justice and Doing Life, among other titles.

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Published titles include:

The Little Book of Restorative Justice: Revised & Updated, by Howard Zehr

The Little Book of Conflict Transformation, by John Paul Lederach

The Little Book of Family Group Conferences, New-Zealand Style, by Allan MacRae and Howard Zehr

The Little Book of Strategic Peacebuilding, by Lisa Schirch

The Little Book of Strategic Negotiation, by Jayne Seminare Docherty

The Little Book of Circle Processes, by Kay Pranis

The Little Book of Contemplative Photography, by Howard Zehr

The Little Book of Restorative Discipline for Schools, by Lorraine Stutzman Amstutz and Judy H. Mullet

The Little Book of Trauma Healing, by Carolyn Yoder

The Little Book of Biblical Justice, by Chris Marshall

The Little Book of Restorative Justice for People in Prison, by Barb Toews

The Little Book of Cool Tools for Hot Topics, by Ron Kraybill and Evelyn Wright

El Pequeño Libro de Justicia Restaurativa, by Howard Zehr

The Little Book of Dialogue for Difficult Subjects, by Lisa Schirch and David Campt

The Little Book of Victim Offender Conferencing, by Lorraine Stutzman Amstutz

The Little Book of Restorative Justice for Colleges and Universities, by David R. Karp

The Little Book of Restorative Justice for Sexual Abuse, by Judah Oudshoorn with Michelle Jackett and Lorraine Stutzman Amstutz

The Big Book of Restorative Justice: Four Classic Justice & Peacebuilding Books in One Volume, by Howard Zehr, Lorraine Stutzman Amstutz, Allan MacRae, and Kay Pranis

The Little Book of Transformative Community Conferencing, by David Anderson Hooker

The Little Book of Restorative Justice in Education, by Katherine Evans and Dorothy Vaandering

The Little Book of Restorative Justice for Older Adults, by Julie Friesen and Wendy Meek

The Little Book of Race and Restorative Justice, by Fania E. Davis

The Little Book of Racial Healing, by Thomas Norman DeWolf, Jodie Geddes

The Little Book of Restorative Teaching Tools, by Lindsey Pointer, Kathleen McGoey, and Haley Farrar

The Little Book of Police Youth Dialogue by Dr. Micah E. Johnson and Jeffrey Weisberg

The Little Book of Youth Engagement in Restorative Justice by Evelín Aquino, Anita Wadhwa, and Heather Bligh Manchester

The Little Books of Justice & Peacebuilding present, in highly accessible form, key concepts and practices from the fields of restorative justice, conflict transformation, and peacebuilding. Written by leaders in these fields, they are designed for practitioners, students, and anyone interested in justice, peace, and conflict resolution.

The Little Books of Justice & Peacebuilding series is a cooperative effort between the Center for Justice and Peacebuilding of Eastern Mennonite University and publisher Good Books.

Copyright © 2022 by Good Books, an imprint of Skyhorse Publishing, Inc.

All rights reserved. No part of this book may be reproduced in any manner without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Good Books, 307 West 36th Street, 11th Floor, New York, NY 10018.

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Good Books is an imprint of Skyhorse Publishing, Inc.®, a Delaware corporation.

Visit our website at www.goodbooks.com.

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Library of Congress Cataloging-in-Publication Data is available on file.

Print ISBN: 978-1-68099-763-7

eBook ISBN: 978-1-68099-798-9

Printed in the United States of America

The Justice & Peacebuilding series presents, in highly accessible form, key concepts and practices from the fields of restorative justice, conflict transformation, and peacebuilding. Written by leaders in these fields, they are designed for practitioners, students, and anyone interested in justice, peace, and conflict resolution.

The Justice & Peacebuilding series is a cooperative effort between the Center for Justice and Peacebuilding of Eastern Mennonite University and publisher Good Books.

Contents

Foreword by Howard Zehr

The Little Book of Restorative Justice: Revised & Updated

The Little Book of Victim Offender Conferencing

The Little Book of Family Group Conferences

The Little Book of Circle Processes

Foreword

I began the Little Books of Justice and Peacebuilding series to introduce and summarize core concepts and practices in a concise, readable, and inexpensive format—little books that you can read quickly, carry easily, and afford to give away or use in a class or discussion group.

But maybe you want the core books of restorative justice compiled into one volume so that you can read them and keep them together. Maybe you want to have a text for a class you are teaching or taking. If so, this Big Book is for you.

The field of restorative justice has grown exponentially since these books were initially released, expanding into new areas of application. Nevertheless, the four books included here continue to provide a solid grounding in the philosophy and values of restorative justice as well as basic models of practice.

The models of practice described in this book—victim offender conferencing, family group conferencing, circle processes—are methodologies that are being implemented in many arenas and many places. However, they are not cookie-cutters to be simply copied and implemented; at minimum, they must be adapted to the context. At best, they provide suggestions and inspiration. It has been gratifying to see, for example, how the model of family group conference from New Zealand has been adapted and implemented in creative ways in other parts of the world.

But restorative justice is much more than specific models of practice. It is more than even the best circle practices. Most fundamental is the concept or philosophy of restorative justice—the principles and values that undergird and guide it. Using these principles and values as a guide, restorative justice can be applied to many situations, regardless of whether practice models are in place. Without these principles and values, restorative justice is very likely to be misused and to go astray, that is, to become something that was not intended.

As I note in the first book in this volume, some have called restorative justice a philosophy of life, a way of living together that, in the face of the divisive, individualizing forces of modern society, reminds us that we are connected to one another. Restorative justice is about building and maintaining healthy relationships and repairing them when they are damaged.

The volumes bound together in this Big Book of Restorative Justice suggest important values and guidelines for the difficult times in which we live.

—Howard Zehr

Table of Contents

Acknowledgments

1. An Overview

Why this Little Book?

About this revised edition

Restorative justice is not…

Restorative justice is concerned about needs and roles

2. Restorative Principles

Three pillars of restorative justice

The how and the who are important

Restorative justice aims to put things right

A restorative lens

Defining restorative justice

The goals of restorative justice

Guiding questions of restorative justice

Signposts of restorative justice

3. Restorative Practices

Core approaches often involve a facilitated encounter

Models differ in the who and the how

Models differ in their goals

A restorative continuum

4. Where from Here?

Retributive justice vs. restorative justice

Criminal justice vs. restorative justice

One vision

A way of life

Restorative justice is a river

Appendix I: Fundamental Principles of Restorative Justice

Appendix II: Restorative Justice in Threes

Appendix III: Restorative Justice? What’s That?

Appendix IV: Ten Ways to Live Restoratively

Appendix V: Restorative Justice and Peacebuilding

Endnotes

Additional Reading

About the Author

Acknowledgments

A special thanks to the many friends and colleagues who gave me feedback on this manuscript. This includes my students, former students, and colleagues at the Center for Justice and Peacebuilding where I have taught since 1996. I especially want to thank Barb Toews, Jarem Sawatsky, Bonnie Price Lofton, Robert Gillette, Vernon Jantzi, Larissa Fast, and Ali Gohar for their careful attention and suggestions.

For this new edition, I am especially thankful to Sujatha Baliga for her careful reading and suggestions.

CHAPTER 1

An Overview

How should we as a society respond to wrongdoing? When a crime occurs, when an injustice or harm is committed, what needs to happen? What does justice require? The urgency of this question is emphasized daily by events reported in the media.

Whether we are concerned with crime or other offenses and harms, the Western legal system has profoundly shaped our thinking about these issues—not only in the Western world, but in much of the rest of the world as well.

The Western legal system’s approach to justice has some important strengths. Yet there is also a growing acknowledgment of this system’s limits and failures. Those who have been harmed, those who have caused harm, and community members in general often feel that the criminal justice process shaped by this legal system does not adequately meet their needs. Justice professionals—law enforcement officers, judges, lawyers, prosecutors, probation and parole officers, prison staff—frequently express a sense of frustration as well. Many feel that the criminal justice process deepens societal wounds and conflicts rather than contributing to healing or peace.

Restorative justice is an attempt to address some of these needs and limitations. Since the 1970s, a variety of programs and practices have emerged in thousands of communities and many countries throughout the world. Often these are offered as choices within or alongside the existing legal system, although in some occasions they are used as an alternative to the existing system. Since 1989, New Zealand has made restorative conferences the hub of its entire youth justice system.

In many places today, restorative justice is considered a sign of hope and the direction of the future. Whether it will live up to this promise remains to be seen, but many are optimistic.

Restorative justice began as an effort to deal with burglary and other property crimes that are usually viewed (often incorrectly) as relatively minor offenses. Today, however, restorative approaches are available in some communities for the most severe forms of criminal violence: death from drunken driving, assault, rape, even murder. Building upon the experience of the Truth and Reconciliation Commission in South Africa, efforts are also being made to apply a restorative justice framework to situations of mass violence.

These approaches and practices are also spreading beyond the criminal justice system to schools and universities, to the workplace, and to religious institutions. Some advocate the use of restorative approaches such as circles processes (a practice that emerged from First Nation communities in Canada) as a way to work through, resolve, and transform conflicts in general. Others pursue circle processes and other restorative approaches as a way to build and heal communities. Kay Pranis, a prominent restorative justice advocate, calls circles a form of participatory democracy that moves beyond simple majority rule.

In societies where Western legal systems have replaced and/or suppressed traditional justice and conflict-resolution processes, restorative justice is providing a framework to reexamine and sometimes reactivate these traditions. I sometimes envision restorative justice as a blend of key elements in modern human rights sensibilities and traditional approaches to harm or conflict.

Although the term restorative justice encompasses a variety of programs and practices, at its core it is a set of principles and values, a philosophy, an alternate set of guiding questions. Ultimately, restorative justice provides an alternative framework for thinking about wrongdoing. I will explore that framework in the pages that follow and illustrate how it translates into practice.

Why this Little Book?

In this Little Book, my intention is not to make the case for restorative justice. Nor do I explore the many implications of this approach. Rather, I intend this book to be a brief description or overview—the CliffsNotes, if you will—of restorative justice. Although I will outline some of the programs and practices of restorative justice, my focus in this book is especially the principles or philosophy of restorative justice. Other books in this Little Books of Justice & Peacebuilding series explore practice models more thoroughly; a list of these is provided at the end of this book.

Restorative justice claims to be victim-oriented.

The Little Book of Restorative Justice is for those who have heard the term and are curious about what it implies. But it is also an attempt to bring clarity to those of us involved in the field because it is so easy to lose clarity about our direction and what we have set out to do.

All social innovations have a tendency to lose their way as they develop and spread, and restorative justice is no different. With more and more programs being termed restorative justice, the meaning of that phrase is sometimes diluted or confused. Under the inevitable pressures of working in the real world, restorative justice has sometimes been subtly coopted or diverted from its principles.

The victim advocacy community has been especially concerned about this. Restorative justice claims to be victim-oriented, but is it really? All too often, victim groups fear, restorative justice efforts have been motivated mainly by a desire to work with those who have offended in a more positive way. Like the criminal system that it aims to improve or replace, restorative justice may become primarily a way to deal with those who have offended.

Others wonder whether the field has adequately addressed the needs of those who have offended and made sufficient efforts to help them become their best selves. Do restorative justice programs give adequate support to those who have caused harm to carry out their obligations and to change their patterns of behavior? Do restorative justice programs adequately address the harms that may have led those who cause harm to become who they are? Are such programs becoming just another way to punish those who have harmed under a new guise? And what about the community at large? Is the community being adequately both allowed and encouraged to be involved and to assume its obligations?

Another concern is whether in articulating and practicing restorative justice, we are replicating patterns of racial and economic disparities that are prevalent in society. Is restorative justice as practiced in the United States, for example, being applied primarily for white folks? Is it adequately addressing underlying disparities?

Our past experience with change efforts in the justice arena warns us that sidetracks and diversions from our visions and models inevitably happen in spite of our best intentions. If advocates for change are unwilling to acknowledge and address these likely diversions, their efforts may end up much different than they intended. In fact, improvements can turn out to be worse than the conditions that they were designed to reform or replace.

One of the most important safeguards we can exert against such sidetracks is to give attention to core principles and values. If we are clear about principles and values, if we design our programs with these in mind, if we are open to being evaluated by these principles and values, we are much more likely to stay on track.

Put another way, the field of restorative justice has grown so rapidly and in so many directions that it is sometimes difficult to know how to move into the future with integrity and creativity. Only a clear vision of principles and goals can provide the compass we need as we find our way along a path that is inevitably winding and unclear.

This book is an effort to articulate the restorative justice concept and its principles in straightforward terms. However, I must acknowledge certain limits to the framework I will lay out here. Even though I have tried hard to remain critical and open, I come with a bias in favor of this ideal. Moreover, in spite of all efforts to the contrary, I write from my own lens, and that is shaped by who I am: a white, middle-class male of European ancestry, a Christian, a Mennonite. This biography and these, as well as other, interests and values necessarily shape my voice and vision.

Even though there is somewhat of a consensus within the field about the broad outline of the principles of restorative justice, not all that follows is uncontested. What you read here is my understanding of restorative justice. It must be tested against the voices of others.

Finally, I’ve written this book within a North American context. The terminology, the issues raised, and even the way the concept is formulated reflect to some extent the realities of my setting. The first edition has been widely translated into other languages, but the translations needed for other contexts go beyond language.

With this background and these qualifications, then, what is restorative justice? So many misconceptions have grown up around the term that I find it increasingly important to first clarify what, in my view, restorative justice is not. Before I do that, however, I’ll make a few comments about this revised edition.

About this revised edition

Much has happened since this book was first released in 2002. The book itself has sold more than 110,000 copies and has been translated and released in countries as disparate as Japan, the former Czechoslovakia, Pakistan, and Iran. As this suggests, the restorative justice field has continued to spread and develop over these years, and well beyond the criminal justice context. In fact, cities in the United Kingdom, New Zealand, South Korea, and elsewhere have been exploring what it means to become restorative cities. A few health care systems in the U.S. have adopted restoratively-oriented approaches to address cases of possible medical malpractice, allowing patients and doctors to interact much more freely in meeting needs and addressing obligations. Some advocates have argued that restorative justice is, in fact, a way of life.

Within the United States, at least, perhaps the biggest growth area for restorative justice has been in schools and, more recently, in the area of university conduct. This book tends to have a criminal justice focus, but several books in this Little Books series now address these educational contexts specifically.

Expansion has occurred within the criminal justice arena. The majority of U.S. states now have some reference to restorative justice principles or practices within their statutes and policies. Several countries have developed nation-wide models inspired by restorative justice. At the time of the first edition, most applications for using restorative justice for criminal cases came after there were formal charges. However, applications to keep cases out of the formal system, sometimes in an effort to address racial disparities, are now becoming more frequent.

Michelle Alexander’s important book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, is bringing a much-needed awareness to the prevalence and implications of racial disparities within the American criminal justice system. This has appropriately heightened concerns about ways that restorative justice may be contributing to or replicating these patterns. Has the field adequately monitored this possibility? Have we given enough thought to how restorative justice might be proactively used to address this problem? Have we adequately considered the possibility of built-in biases and assumptions in the way we articulate and practice restorative justice? Have we encouraged and listened to diverse voices about what restorative justice should involve? These are urgent questions that this book cannot answer; hopefully, though, it can be a catalyst for discussion.

Increasingly, the labels victim and offender are being questioned. While these terms provide handy shorthand references and are common within the criminal justice system, they also tend to oversimplify and stereotype. In criminology, labeling theory has emphasized that labels are often judgmental and people may tend to become what they are labeled. Also, in many situations such as in schools, responsibility for wrongdoing may be unclear, or some responsibility may be shared by all participants; victim and offender labels may be especially inappropriate in these contexts. The alternates to these simple labels are often awkward, but in this edition, I have tried to minimize the use of these terms though I have not eliminated them.

One area of controversy has been the terminology of the overall field: should it be restorative justice or restorative practices? Restorative approaches are being used in many situations such as in schools or for problem-solving where the terminology of justice may not seem appropriate. I am pleased to see these applications and readily acknowledge the limits of the justice language. However, in my experience, most conflicts and harms involve an experience or perception of injustice, and I prefer not to lose awareness of the justice dimension. Thus I continue to use the term restorative justice in this book while acknowledging that restorative practices may be appropriate in some contexts.

Now, on to what, in my view, restorative justice is not.

Restorative justice is not…

•Restorative justice is not primarily about forgiveness or reconciliation.

Some victims and victim advocates react negatively to restorative justice because they imagine that the goal of such programs is to encourage, or even to coerce, them to forgive or reconcile with those who have caused them and/or their loved ones harm.

As we shall see, forgiveness or reconciliation is not a primary principle or focus of restorative justice. It is true that restorative justice does provide a context where either or both might happen. Indeed, some degree of forgiveness or even reconciliation—or at least a lessening of hostilities and fears—does seem to occur more frequently than in the adversarial setting of the criminal justice system. However, this is an experience that varies from participant to participant; it is entirely up to the individual. There should be no pressure to forgive or to seek reconciliation. Neither forgiveness nor reconciliation is a prerequisite to or a necessary outcome of restorative processes.

•Restorative justice does not necessarily imply a return to past circumstances.

The term restorative is sometimes controversial because it can seem to imply a return to the past, as if the wrong or injury had not occurred. This is not likely to be possible, especially in the case of severe harm. Lynn Shiner, whose children were murdered, says re- words don’t work: "I can’t reorder anything because if I did, I would just pick up the scrambled pieces and put them back in order…. You build, you create a new life. I have a couple of pieces from my old life that I have